October 24th 2009

 

           I don’t know how many of you know what Metastatic Sarcoma Cancer is, but I can tell you right now it is not good. It is fatal. That is the word that we received last week. Now we go through the process of seeing how far it has spread and prepping for the removal of at least the lower right lung for a start. 

           In a way I am fortunate. I know what caused it and who did it. Not that it takes the pain away, but at least I am not wondering what happened as so many do when they receive that kind of news.

           I am hoping that we will get to see our 50th wedding anniversary before either of us departs this world. I think people who have been together that long ought to be able to celebrate that day with good cheer.

           In the meantime we endure, we hope and we pray, as all the others who are stricken with one type of cancer or another and hope for the best. God bless them all.

Mary

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INJURED WORKERS UNITE! SPREAD THE WORD!

           I am adding this bit of information for all those who are battling the Medical Examiners in both Workers’ Compensation and insurance companies. If you are an injured worker make sure you notify your attorney that this Medical Examiner has been found to have misrepresented the facts for the insurance company that hired him by the United States First Circuit. You do not want the defendants or your own attorney using Dr. Jonathan Rutchik. Right now he is a California State licensed QME and he will side with the defendants as he works out of his home and his entire income is dependant on the insurance companies that hire him. He apparently works in several States. He claims to be a Neurologist, but is not able to discern paralysis and atrophy from toxic brain injury even though he has records from Mayo Clinic and UCLA physicians, detailing the damage. 

[Pass this case Name and Number to your attorney: Thomas Buffonge, Plaintiff, Appellant, v. the Prudential Insurance Co. of America; Getronics Wang Co., Llc, Defendants, Appellees — United States Court of Appeals, First Circuit. - 426 F.3d 20 Heard September 16, 2005 Decided October 14, 2005].

 

           There are two more State Medical Examiners that injured workers and their attorneys need to stay away from. Both of these men also work out of their homes and their incomes are dependant on the insurance companies that pay for their services. Dr. Richard Luros (Especially if you are female) and Dr. Roger Nacouzi, who like Dr. Rutchik, income is solely dependant on the insurance companies that represent employers interests.

 

           Unfortunately, our Legislators are really dense in this area and of course, receive big bucks from the insurance company lobbiests, but I am trying to be polite and not say they sold out the injured worker for their own interests. These same Legislators have passed Laws that WCAB judges and the Appeals Board may remove or destroy any evidence or paperwork they deem outside their interests, which in most cases supports the interests of the employer.

 

           Below is a headline from the leading News Association for  Workers’ Compensation professionals and is exactly the kind of abuse and Human Rights issues I am talking about, that is happening daily in California. The injured worker below has been denied benefits by her employers’ Comp insurer and while she is lying in a coma, her case is being dragged through the muddy waters of the State of California WCAB  Courts, i.e., Workers’ Compensation Appeals Board. 

 

October 26, 2009 — Worker’s Compensation News—Headline

Counsel for Comatose Nurse Petitions WCAB for Expedited Trial.

 

My personal thoughts on this matter is that there is a good chance that the insurer that is refusing to pay, is none other than State Compensation Fund owned by the State. The company is a huge profit maker for the State. Of course, the WCAB Courts are also owned by the State of California. I won’t cry FOUL! But folks it is my opinion that if it walks like a duck and quacks like duck then it’s probably guilty of being a duck.

Mary

 

 

           In California as with most States, an injured worker is limited by law to Workers’ Compensation for their injuries, but also by law, the employer does not have to pay Workers’ Compensation, should his or her insurance company claim that the employer is not responsible for your injuries.  One terrible case example is that a wife and two children did not receive the death benefits allowed by Law, due to the fact that the dead employee, who fell from a high rise building, did not die due to his employment. It was the street that killed him when he impacted with it. The WCAB Court stated that had the man hit some piece of construction material on the way down, the employer would be liable for the death and not the street. Far fetched? No. It is an actual incident and but one in many incidents that go on every day across the Country. 

           Our employer, the State of California is self insured by its own insurance company State Compensation Fund. When you research through previous legal cases, read case histories,  you find that State Fund rarely pays for the seriously injured worker. They deny liability and are able to manipulate the entire process so that the State does not get held liable. 

           I have not researched the cases for other California Appellate Courts, but for the Third District Appellate Court in Sacramento, has allowed Petitions for only two Workers’ Compensation injury cases in eleven years, that I could find. I won’t speculate why. Instead, I will just say that most of those appointed to the Third Appellate are former California Department of Justice attorneys, who are familiar with State processes and what their job duties require.

           The California Supreme Court’s record for cases involving the State is no better and possibly even worse, considering they are the only hope for the permanently disabled worker.

 

 

October 30, 2009 — Worker’s Compensation News—Headline

High Court Denies Review to Six Comp Cases

 

 

 

 

 

I have been trying to figure out why these Laws do not protect me.

                     I was born in the United States, but somewhere between birth and today,

                     like so many other Americans, I lost my rights to  the protection of the Law

and the Courts when the Defendants are the ones with all the money and clout or are

State defendants.  I would think that since there is written evidence  showing that two or more

State employees conspired together and produced false documents and statements to deny their liability and dereliction of  duty, my injuries would fall under 241. And whereas, it is a crime to commit perjury and fraud, I believe I should also fall under the protection of section 242.

It should not matter that the co-conspirators are Government employees, as to whether they are prosecuted. Lastly, I was injured on Federal Lands and those whose injured me should be prosecuted according to  Section 1864. For it is a felony punishable by life in prison for causing injuries on Federal Lands with a hazardous device, in this case a radiation emitting antenna.

Mary

 

The following was found on the U.S. Department of Justice Criminal Section’s website.

 

Conspiracy Against Rights: Title 18 United States Code § 241: Section 241 of Title 18 is the civil rights conspiracy statute, where it is stated that it is  unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States. 

 

Deprivation of Rights Under Color of Law: Title 18 United States Code § 242, states it is a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

 

United States Code: TITLE 18 - CRIMES AND CRIMINAL PROCEDURE: Part 1—Crimes—Chapter 91—Public Lands:

Section 1864: Hazardous or injurious devices on Federal lands.

As used in this section— the term “serious bodily injury” means bodily injury which involves— a substantial risk of death;

extreme physical pain; protracted and obvious disfigurement; and protracted loss or impairment of the function of bodily member, organ, or mental faculty; the term “bodily injury” means—a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary;

 

The laws above are Statutes. Laws passed by Congress. They are also words on paper and  from what we have seen the U.S. Attorney’s Office and the Courts treat them just that way.  Mere words  that  may or may not be worth the paper they are written on, depending on who is the injured party and who committed the crimes that injured them.